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E-Signature Regulations
Sweden

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

The Swedish Post and Telecom Authority (Post och telestyrelsen, PTS) has a list of trusted entities, who are authorized to create Qualified e-signatures, on their website. The EU has a similar list, EU Trusted List (https://webgate.ec.europa.eu/tl-browser/#/).

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

The Regulation differs between three types of e-signatures: simple, advanced and qualified. These have different levels of security and legal status. Simple e-Signature is less secure. Advanced and Qualified e-signatures must meet certain criteria, such as being uniquely linked to the signatory. Qualified e-signatures must be created by a qualified trusted service provider.

Regarding commercial documents between contracting parties, it is up to the parties to decide. Ultimately, it is a matter of evidence.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

Generally, e-signatures are acceptable and legally binding in Sweden. According to the Regulation (EU) 910/2014 all types of e-signatures are legally binding but only Qualified e-signatures have the same status as wet ink.

One of the exceptions is sale of real estate. There are some formal legal requirements regarding sale of real estate. Therefore, these documents must be signed with wet ink.

When using e-signature, everyone who signs must sign with an e-signature.

What is the e-signature law enforceable in your jurisdiction?

Since 2014 the Regulation (EU) 910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS) has been in force which has direct effect in Sweden, as a Member State of the EU.

There is no general Swedish law that regulates e-signatures. Swedish law contains very few formal legal requirements for signatures. Since there is nothing specified in various special laws, e-signature is acceptable between contracting parties.

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Lindmark Welinder

Sweden

Offices

Lindmark Welinder
Kungsgatan 2C
SE-223 50 Lund, Sweden
Tel: +46 46 151000